Will BCWA Board Vote Again on Lawyer?
The Bristol County Water Authority's agenda for Jan. 9 includes an entry to revisit its recent vote to keep longtime legal counsel, Sandra Matrone Mack.
At its meeting scheduled for tomorrow afternoon at its offices in Warren, the Bristol County Water Authority is expected to revisit its vote last month to rehire the same legal counsel it has retained for many years.
Whether the board votes again on legal counsel at its 5:15 pm meeting on Jan. 9 will depend on advice it receives from the attorney general’s office, said BCWA board chairman Allan Klepper of Barrington.
The issue of taking a new vote surfaced again because of criticism that the line item on the award of the contract for legal services at the Dec. 20 meeting was not posted properly. A recording of that meeting also indicates that the issue was discussed at a Dec. 18 meeting that was not posted at all.
“I will make a presentation to the board after I talk to the [Rhode Island] attorney general,” said Klepper on Monday. “I don’t know if we’ll vote again or not. It will be up to the board.”
The board voted 5-2 at the Dec. 20 meeting to retain the law firm of Cameron and Mittleman, specifically partner Sandra Mack, who has been the water authority’s legal counsel for about 20 years.
The vote ended a search for legal counsel that had gotten responses to an RFP from seven law firms, five of whom were interviewed at that meeting. Board member Robert Allio of Barrington asked each of them the exact same questions, said Klepper.
The process used by the board for the legal search is the same process used by the board to hire Pamela Marchand, the BCWA’s executive director.
Two longtime Barrington critics of the BCWA, Gary Morse and Jeff Black, both questioned whether the vote came at a meeting where the issue of hiring new legal counsel was properly posted, said Klepper.
The item is listed on tomorrow night's agenda under the heading "Award of Contract – Legal Services." It is the same listing used on agendas for several previous meetings where the board discussed legal services and the process it would use to solicit a law firm to represent the BCWA, Klepper said.
During the agency's Jan. 3 meeting at Warren Town Hall, Morse and Black maintained that the Dec. 20 vote and the Dec. 18 meeting were illegally held and should be held again.
"Every month for the last six months, you've had a notice in your monthly meeting notices 'Legal RFP,' and that's it — but you went ahead with a vote on [Dec. 20] on the same meeting notice, which is a violation of the Open Meetings law," Morse said.
Klepper replied that the board had received advice from another town's attorneys that the meeting and vote were legal.
"To the extent that we're aware, it was a legally advertised meeting," Klepper said. "If there's a problem with that, then the attorney general would have to tell us that — if the board wants to take another action at the next meeting, then the board will take some other action [but] right now, there's no plan to do that."
Black told the board that he "hoped a corner had been turned on all this Open Meetings stuff — I'm really disappointed to see what happened on Dec. 18 and Dec. 20."
When Klepper explained that the Dec. 18 meeting was a "closed session" to interview applicants for the legal bid and thus not advertised, Black responded: "Well, that's illegal — don't you know that?"
"If that's wrong, we'll revisit it," Klepper said.
Morse also told the board last week that he feels the BCWA has been working without a strategic plan since 1993, as required under the state law that established the water district, and blamed the problem on the board's legal counsel.
"That plan actually is late by almost 20 years, and the question is: You have an attorney who is supposed to be guiding you through the legal phases of the Bristol County Water Supply Act — a lot of the problems you've gone through are a direct result of not working under a plan, and that it was just shoot-from-the-hip for most of the years," Morse explained. "This was legal advice that you needed to make a plan consistent with the requirements of the act — it almost appears that you've rewarded your legal counsel for incompetence."
The retention of Mack and her law firm as legal counsel also did not sit well with some board members.
Barrington board member Kevin Fitta said he preferred a change in legal counsel because it is good for an organization to sometime make chanes. He also said Mack has been a “lightning rod” for criticism of the BCWA.
Fitta also said Cameron and Mittleman’s rates were 25 to 45 percent higher than other qualified firms. But the firm has a lower cap than other applicants, said Klepper.
Jack Baillargeron
12:30 pm on Tuesday, January 8, 2013
“I will make a presentation to the board after I talk to the [Rhode Island] attorney general,” said Klepper on Monday. “I don’t know if we’ll vote again or not. It will be up to the board.”
You would think after 4 to 5 years now of this issue of the BCWA having no clue what the simplest law ever written in the simplest language for the public to understand. The BCWA would have taken advantage of the AG free training on it, instead of always calling the AG after the fact or spending $65,000 dollars to fight the AG over a $1,000 dollar fine.
The history of Macks representation over the last 18 years and the state of the BCWA legal problems with various towns and project she has handle speaks for itself to why her firm should be thrown to the curb in my opinion.
Why only 2 Board members got that at the 20th meeting and were ignored when they brought it up says a lot about the ones that voted for staus quo of 18 years of failure of fiscal responsibility. Also in my opinion. What a typical mess the BCWA is in yet again.
Andrea Smiley
12:33 pm on Tuesday, January 8, 2013
In my experience - if you use the same law firm or accounting firm for over 20 years - it is time to look for new representation. Yes they know your business - but a fresh set of eyes seems warranted.
Jack Baillargeron
1:02 pm on Tuesday, January 8, 2013
I asked that Andrea of Klepper at the Jan 3 meeting since at the meeting on Dec 20 he stated he hired new Auditors every five years to get fresh eyes, which was his quote also on th video of that meeting. Guess he does not follow his own theories when it comes to the BCWA.
Deffinatly fresh eyes are needed
Jack Baillargeron
12:48 pm on Tuesday, January 8, 2013
Forgot the other fact brought up by one of those board members. She cannot practice law in MA, so an associate has to do those cases. Like the one that currently will occur according to the board on the Anawan problem. I realize that yes that may legal to do.
However when those that support her re-appointment state that their reasoning was Mack has the expertise and experience of dealing with these type of cases. Should not the lead attorney be the one going to MA.
I was not aware she could not practice in MA. You would think after all these years knowing that there will always be cases in MA since the BCWA has property there and pipelines, that she would have over 18 years got whatever it takes to practice there.
As usual none of this makes sense other than the continuing saga of good old boys club and cash cow that has been there since the enabling Legislation that formed this BCWA money pit that never stop digging itself deeper and deeper in debt. My opinion is yet again to dissolve it and let the state take it over.
It looks like and act like Central Falls problems when you look at the last 20 years. Why does it take decades for politicians and appointee’s to figure out something is a failure and beyond repair? geesh
Gary Morse
12:57 pm on Tuesday, January 8, 2013
In January, 2011, BCWA was sent a letter from the RI Water Resources Board reminding BCWA that the statutorily mandated "Plan" was overdue, by 18 years at that point.
On the same day, BCWA Chairman John Jannitto sent a letter to the Patch reaffirming - "The BCWA board unanimously supports moving forward with the Shad Pipeline Project and the Child Street Water Treatment Plant upgrade."
http://barrington.patch.com/articles/backup-water-supply-critical-to-bristol-county
Now rate payers are being told that the "Shad Pipeline Project and the Child Street Water Treatment Plant upgrade" are not in rate payers best interest, in part because the water quality from the Mass reservoirs is of such poor quality.
I blame BCWA's lack of a statutorily mandated plan for most of BCWA's prior problems and mismanagement. The key phrase is "statutorily mandated".
During this time, BCWA's legal counsel was charging ratepayers $475 per hour for her counsel. BCWA now wants to reward her with a vote of new confidence.
Residents should question the board's judgement, or lack thereof, on this important vote. After all, you've been drinking this heavily processed water for decades, when instead, you might have been drinking 100% Scituate Reservoir water,one of the best supplies in the nation, for less cost per gallon.
Jack Baillargeron
1:04 pm on Tuesday, January 8, 2013
Still havn't figured out who has the right answer on the EasyBay Pipeline life span either. Mack says 60to 80, Marchad says 80to120. Thats a heck of a difference whe you are planning the maintence I would think.
Jack Baillargeron
1:46 pm on Tuesday, January 8, 2013
Question for you Gary; Would it really cost the BCWA $100,000 to $200,000 to request a rate increase if it was under the PUC like Marchand said?
That just seems like it is way out of line for 50,000 ratepayers even if a rate study has to be done eveytime they apply for a rate increase too me.
Gary Morse
2:17 pm on Tuesday, January 8, 2013
Jack,
When I spoke to Kent County on this, they said it was around $150K once every three years. Keep in mind, KCWA is a water production company and a distribution company with more pipeline miles and more customers (26K vs 16K). BCWA no longer produces water, and is about 30% smaller than KCWA.
In my view, the PUC would be a great deal for rate payers because the PUC demands certified numbers and explanations. No fluff like rate payers are getting from BCWA.
Jack Baillargeron
2:47 pm on Tuesday, January 8, 2013
I thinkso too Gary, I also think the all that money includes things like rate studies, and information of the need for the increase ie contruction repairs ect. That leads me too believe it would not cost the BCWA as much. Especially considering increases do normally go like 3 years and and that cost for the PUC over three years is sureas heck lowerthan Macks legal bills have been.
DownTown
1:41 pm on Tuesday, January 8, 2013
Isn't it true that Mack represented both RWU AND the BCWA in the water tower deal that ratepayers are stuck with now?
Jack Baillargeron
1:47 pm on Tuesday, January 8, 2013
I believe that is the way it went down there downtown.
DownTown
2:15 pm on Tuesday, January 8, 2013
That's an ethics violation Jack.
Jack Baillargeron
2:44 pm on Tuesday, January 8, 2013
Thats what we all said, but as usual those upstate do not care about down state o you what runs down hill.
marina peterson
1:58 pm on Tuesday, January 8, 2013
Remember the forum two years ago when Ms. Mack stood up and stated the she LOVED the taste of the Shad water?
My take on this is that there are several members of the board who are concerned about what a new attorney would uncover in the past records? Where did the 3.2 million come from in 1998? Why has there never been a complete audit of all spending for the Bristol County Water Authority Act? What about land deals? Where did the 5Million for cost overrun go? Until there is a clean slate it will be impossible to really fix anything. Director Jannito stated in a taped interview that they needed Ms. Mack there to "keep them out of hot water". Truer words were never spoken. But shouldn't the attorney be looking out for the ratepayers?
Maybe it is time to look for another way to manage our water instead of just shoving things under the rug and continuing to run a "pretend" treatment plant.
DownTown
2:14 pm on Tuesday, January 8, 2013
Ratepayers paid for Ferry Rd to be dug up for RWU and are stuck maintaining the RWU water tower at ratepayer expense. Based on what I read about costs at another BCWA dig Ferry Rd and that pipe had to be at least $1 million. The Tower came gratis out of taxpayer pockets from 'stimulus funds'.
Meanwhile Metacom Ave residents are stuck with paying for pumps and tanks out of their own pocket.
What did DeLise tell you Jack that residents there shouldn't have bought homes there where pressure was bad? You think the same thing would apply to building a huge school at the far end of Bristol? Nope.
Manifold Witness
2:26 pm on Tuesday, January 8, 2013
Hey, remember the "probing letter"?
http://bristol-warren.patch.com/articles/letter-watchdogs-support-bcwa-critics
marina peterson
1:12 am on Thursday, January 10, 2013
At tonight's meeting (Jan. 9th), BCWA announced that they would be starting over again in the attorney interviews. Assuming that they can get the other four attorney's to come back, they will re-interview next Wednesday, Jan 16th, and meet at 6:00pm to vote. Attorney General's office told them they were wrong. So, if you do not want to see them spend $375.00 per hour on an attorney, I suggest you speak up now or attend next week's meeting.